卷 16, 编号 3 (2023)

The purpose of the article is to briefly present the main directions of police reform undertaken in 1906. The subject of the study was «A brief explanatory note to the conclusion of the interdepartmental Commission, prepared by Senator A.A. Makarov, on the transformation of the police into the Empire», as well as other documents prepared by members of the Commission (Draft Statute of the Police with article-by-article explanations. Appendix 4 to the draft law on the transformation of the police (Empire), research by scientists, in which certain areas of the transformation of the imperial police were touched upon to one degree or another. It is necessary to make a digression (curtsey) in the direction of Russian archivists, true statesmen who have carefully preserved for us – unique documents. Their content makes it possible to immerse yourself in that historical time, to feel the breath of that era, to evaluate the contribution of individual historical figures and entire collectives who fought for Russian statehood, made tremendous efforts to make the country prosperous. We are now saying thank you for having a unique document in our hands: «A brief explanatory note to the conclusion of the interdepartmental Commission, under the leadership of Senator A.A. Makarov, on the transformation of the police into the empire» (volume 133 pages) [1]. History has always been considered a great teacher, teaching us on concrete facts. Analyzing them, you can make certain conclusions, evaluate the decisions made, make sure of the historical role of a particular person, be amazed by individual visionaries.

The research methods were generalization, comparison, analogy, concretization, extrapolation, content analysis, which allowed us to draw our own conclusions in the main part of the article, as well as express our own judgments in conclusion. The entire content of the article is a hint to contemporaries to: know, remember, honor, have an idea of the role of the police department not only in combating crime, maintaining proper public order, but also in countering internal enemies.

The proposed publication provides a comprehensive review of the historical path of changing approaches (theoretical and practical) to the definition of the principles of law and lawmaking and establishes the nature of the evolutionary process in political and legal matter. On the basis of the general dialectical method, analysis and comparative legal approach, the principles of law and lawmaking are identified and revealed, depending both on the level and degree of generalization (special, sectoral, intersectoral, universal), and on the specifics of the current or historical stage of development of political and legal reality, the content of the concept of «lawmaking» is established in direct connection with similar categories, the lawmaking process and types of lawmaking are characterized. In the course of the presentation of the material, the author establishes that the current Russian law is based on synthesis of the achievements of the main concepts of legal understanding - the natural law doctrine, positivism and the realistic school of law. It is indicated that in recent years the principles of law in Russia have been evolving against the background of the steady sovereignization of the domestic political and legal order. The definition of lawmaking is given as a purposeful activity of the competent authorities to change, establish or abolish legal norms, which is the highest form of expression of the process of lawmaking and an integral element of rulemaking, it is established that the principles of lawmaking should correlate with the actual principles of law. The conclusion is that the evolution of the principles of law and lawmaking is non-linear, it varies depending on the level of development of each individual legal order and the individual characteristics of the formation, functioning and development of society.

On the example of the domestic legal order the author shows that the reception of Western European principles of law, as the independence of the Russian Federation in the international arena was strengthened, was replaced by the construction of national legislation, taking into account the special historical path of the country and those traditional fundamental values that are immanent to the single multinational people of Russia.

Due to the change of the ideological paradigm in the post-Soviet period, the issues of methodology of the theory and history of law have acquired a new sound, involving researchers in numerous discussions. At the same time, legal positivism, recognizing only the norms of positive law as legal, directly linking the latter with the institution of the state, still dominates domestic legal science. It has to be stated that positivism actually ignores the complex foundation under the institution of law, which appears as if from oblivion. The methodology of studying the genesis of law beyond the boundaries of the positivist paradigm in Russian jurisprudence is not the strongest trump card. Because of this, the author draws the reader to the work of the Italian philosopher, anti-fascist, scientist, lawyer Bruno Leoni (1913-1967), who had a significant influence on the development of philosophical and legal views of the XX century. Basing and developing his concept of legal understanding on the postulates of Roman law, the views of representatives of different generations of the Austrian school of economic theory, Bruno Leoni made one of the most reasonable and successful attempts to resist the dominance of G. Kelsen’s normativism in European legal thought.

The purpose of writing a research paper is to understand the author’s creative heritage of Bruno Leoni, to determine the place of his scientific ideas in the legal worldview of the XX century, to draw attention to the productive foundations of his methodology in the study of law.

The main method used in writing the work is the dialectical method of cognition of the surrounding reality. In addition, when writing the work, the author used a number of general and special methods of scientific cognition: analysis, synthesis, induction, deduction, historical, comparative legal, formal legal and other methods of scientific cognition.

The conclusions obtained in the course of the study suggest that the interest in the creative heritage of Bruno Leoni will contribute to the further understanding and development of scientific ideas in the field of jurisprudence, philosophy and economics.

In the article the subject of the study is relationship arising in the field of labour between the head of the organization and the legal entity (organization), the relevance of which is connected with the desire of the legislator to regulate their civil law, in this connection, there is no clear position on the issue of the branch ownership of these relations at the legislative level, which gave rise to a discussion in legal science about the legal nature of the said relations between scholars-laborers and civilists. The paper analyzes the norms of Chapter 43 of the Labour Code of the Russian Federation, which establish the features of labour regulation of the head of the organization, which unequivocally showed that the relations under study have a labour law character. Therefore, they were regulated only by the norms of labour legislation, which continued until the adoption of the Federal Law of the Russian Federation of May 5, 2014 No. 99-FZ, which changed the situation in this matter. Relations between the noted subjects began to be coordinated by civil law, but the authors don’t agree with such an unreasonable understanding of their legal nature, since the legislator completely ignored the basic principles of labor law, the legal status of the head of the organization, the norms of Art. 11 of the Labour Code of the Russian Federation, etc., which generally excludes the possibility of applying civil law to labour relations. The novelty of the study lies in the fact that the conclusion about the recognition of the untenable legislative concept of the sectoral affiliation of the relations under consideration is made on the basis of studying the essence of the legal category «labour function», which is the key to resolve the current negative situation associated with their regulation by the norms of labour and civil legislation. The authors’ special contribution to the study of this topic should be considered the specific measures proposed to improve the norms of these branches of law, which will eliminate the legal nonsense resulting from the application by the legislator of the unacceptable in law simultaneous regulation of relations between the head and the organization headed by him by absolutely non-identical norms of labour and civil law.

Purpose of the research. In this article, based on its title, the influence of religion on legislation, on the social and economic sphere of the country’s development is considered. The type of state is analyzed in relation to religion, the advantages and disadvantages of secular, clerical, theocratic and atheistic states. This is necessary to determine the type of state in its relation to religion, which has the most effective legislation to help it develop. As a result of the study, the authors come to the conclusion that the atheistic type of state most effectively copes with the urgent tasks assigned to the country. At the same time, it should be noted that theocracy has the same potential, although it is a contradiction to atheism. The legislation of the theocratic state is directly related to the worldview of the servants of a particular religious movement. For this reason, religion can be a kind of brake that hinders the development of the country and society in the modern world and current realities. It is also worth considering that the strength of the theocracy is the lingering cultural, moral and ethical values. However, this does not prevent an atheistic state like the USSR, which was able to build up to preserve the moral and moral values of a clerical state, creating its own culture and becoming one of the most successful and rapidly developing states of the last century.

This article delves into both theoretical and practical aspects of hereditary law development in two different countries: Russia and Germany. The authors investigate the varied approaches taken in each country towards the legal responsibility of heirs for the testator’s obligations and the sale of inheritance. They attempt to identify the key characteristics of heirs’ responsibility for their testator’s obligations as well as the specific details of inheritance sales within the context of German law.

The article examines the norms of hereditary law in Russia and Germany by conducting a comparative analysis of civil law, doctrine, and practice. It proposes several potential solutions to issues discussed and focuses on studying the norms that determine heirs’ responsibility for the testator’s obligations and the peculiarities of inheritance sales in German law.

This article focuses on the study of civil law norms that relate to the responsibility of heirs for their testator’s obligations, and the distinct characteristics of inheritance sales in German law. It also examines the legal doctrine, judicial practices, and notarial practices in Russia and Germany.

The objective of the article is to develop a comprehensive understanding of the inheritance sales institution in German law and identify methods to address critical challenges in determining heirs’ responsibility for the testator’s obligations in civil law in Russia and Germany.

As part of the investigation, general scientific and private scientific methods were used, such as analysis, comparison, structural, systemic and functional approaches, etc. The basis of the scientific study was the methods of comparative analysis, analytical and functional approaches, through which the most pressing nuances of modern hereditary law of Russia and Germany were identified.

The purpose of the study. The presented article reveals the specifics of bidding for the privatization of state and municipal property in electronic form. The presented research is aimed at identifying the main problems that arise during the implementation of these trades. The purpose of the study is to conduct a holistic analysis of tenders for the privatization of state and municipal property in the form of electronic auctions. In addition to the above, the purpose of the study is to identify problems of theory and practice in the field under study and to form proposals for their elimination.

Results. The result of the study is proposals to improve legislation in the field of tendering for the privatization of state and municipal property. The study determined that there is a problem that is associated with an increase in the time interval of bidding, the solution of which is seen in the introduction of amendments to Articles 18 and 23 of Federal Law No. 178-FZ. Amendments are proposed that will relate to the sequence of actions of the auction organizer in case the winner refuses to sign the contract of sale. It also determines the need to form a special register of auction participants, which will include exactly those persons who refused to sign the purchase and sale agreement more than twice.

The purpose of the research. Everyday, millions of companies face the necessity of making corporate decisions being vital to their future. It is often complicated for the companies to comply with legal requirements, especially, those related to meetings of shareholders. However, timeliness, effectiveness, and aligned position of the governing bodies form the functioning basis of the decision-making system. The article considers one of the possible ways to make decisions in English companies, which was established by the common law enabling the company shareholders to approve corporate actions informally without holding the general meeting subject to unanimous consent. Results. As a result of the study the author concludes that informal unanimous consent as a decision-making method provides a greater procedural flexibility and is employed mainly in situations where the company (due to various circumstances) does not have the ability to perform all the formalities inherent in the decision-making process. In addition, the practice shows that informal unanimous consent accelerates the decision-making process (due to shorter timelines set by the law or corporate articles of association), as well as contributes to the effective business organization and the immediate adoption of important decisions. At the same time, it should be noted that there are certain limitations on the employment of informal unanimous consent and failure to comply with them entails the risk of invalidation of the decision made by the governing body.

The international search, which is a civilized measure to ensure the inevitability of punishment for terrorists who have fled abroad, and a measure to ensure the national security of the Russian Federation, is not the only means in this capacity. International practice also knows other measures when issues of the inevitability of responsibility are resolved in order to ensure the national security of the state without a court and other justice bodies, as well as law enforcement agencies, without their usual procedures. The article gives a description of such measures and the practice of their application, notes their relevance in the current geopolitical situation.

Keywords: international search; announcement of an international wanted list; alternative means of searching for criminals; national security of the Russian Federation; terrorism, operational units, special units; Interpol General Secretariat; NCB Interpol of the Ministry of Internal Affairs of Russia; General Prosecutor’s Office of the Russian Federation.

The article raises the problems of countering cyberbullying as a new form of violence. The authors note that violence has moved from an offline format to an online format and has become more dangerous by changing its forms. The paper defends the opinion on the need to integrate the knowledge of specialists in various fields of knowledge (psychologists, lawyers, educators, IT specialists) in order to counter cyberbullying and develop and implement preventive measures for safe behavior in cyberspace and develop programs to help victims of cyberbullying.

Within the framework of the article, the content and significance for the investigation of the main elements of the forensic characteristics of the threat of murder or grievous bodily harm are revealed. A reasonable conclusion is made that knowledge of the characteristics of the investigated composition allows the person conducting the investigation to correctly assess the current investigative situation in the case, put forward the most likely versions of what happened, and also competently plan, objectively and comprehensively investigate criminal cases of crimes under Art. 119 of the Criminal Code of the Russian Federation.

The purpose of the study is the analyzing and summarizing the main problems which are found in the practice of imposing a sentence milder than provided by law, as well as to find the ways and the means of solving them, synthesis and analysis of the scientific proposals on these issues, substantiation of the correctness of some of them. Therefore, the authors present the results of the studied court decisions on sentencing issues with taking into account the provisions of Article 64 of the Criminal Code and give them a critical assessment. The authors also pay particular attention to the imposition of a punishment that is lenient than prescribed by law for certain types of crimes, and above all the crimes in the field of drug trafficking. Taking into account the high public danger of drug-related crimes it is noted that there is a need to change some judicial approaches of sentencing these types of crime in practice. The opinion of the necessity of imposing the legislative prohibitions on mitigation of the punishment for these types of crime is substantiated.

Conclusions. Based on the results of the research some recommendations ate developed for improving the Article 64 of the Criminal Code, as well as proposals for amending the acts of judicial interpretation of the Supreme Court of the Russian Federation. It is proposed to limit the discretionary powers of judges, as well as to prohibit the use of exceptional mitigation in individual cases, for example, the simultaneous application of two mitigation rules. The judges should be obligated to give detailed reasons for their decision to admit certain circumstances as extraordinary in the descriptive part of the verdict. The authors of the given article make conclusion about the need to prohibit applications on the provisions of article 64 of the Criminal Code in relation to crimes in the field of illicit drug trafficking, indicating their list in the part 3 of the named article.

The purpose of the research. The article analyzes the results of a study conducted in the field of operational investigative activities, during which problematic issues were identified, the solution of which needs more thorough scientific research. Results. Based on the results of the study, the concept and the main criteria that serve as the basis for the development of a particular theory are formulated. Based on the results of the study, arguments are given that private (special) theories in the field of operational investigative activities should be developed in the form of a regulatory and law enforcement response to an actual socio-criminogenic problem (a homogeneous range of problems), the development of which seems ineffective only from the standpoint of the general theory of operational investigative activities. Along with theoretical justifications, recommendations are given for the most effective law enforcement in this area.

The formation and development of the regulation of the responsibility of doctors for their mistakes, as well as intentional violations during medical activity has a very inconsistent character. The development of the art of healing, despite its absolute relevance and significance, has not infrequently enjoyed both neutral and negative attitudes from the state authorities and religion throughout various epochs. The conducted comparative historical and legal research allows us to construct a systematic worldview about the structure and content of the relevant phenomena, it will not only highlight their distinctive features and characteristic features, but also can subsequently become the basis for improving the current legislation.

In the conditions of deep crisis of interstate relations, negatively affecting the key components of the system of collective security based on the UN Charter, including universal human rights mechanisms, an informed discussion about the new international architecture of human rights protection as an important sphere of international and national legal order is becoming increasingly relevant and demanded.

As a result of analysis and consideration of key points and patterns to what extent the conceptual, normative, and institutional foundations of the currently functioning interstate human rights protection system with its strengths and weaknesses will be required for a new international human rights protection architecture, and what factors and circumstances may play a decisive role in this endeavor.

By analyzing and taking into account the key points and regularities inherent in the international political system, where sovereign states continue to play the leading role, we have drawn conclusions of conceptual and practical importance, which can and must be taken into account when building a new architecture of human rights protection that pretends to adequately replace the existing system of human rights protection. These conclusions and the resulting recommendations are based on the UN Charter and the Universal Declaration of Human Rights, which affirm the need for states and institutions of global governance to work together through international cooperation and a common understanding of human rights and freedoms. Only in the presence of such conditions is it possible for sovereign states to cooperate constructively in the field of human rights, which in turn will serve as a condition for the well-being of all. In the absence of these conditions, human rights, on the contrary, become a tool of struggle, the object of double standards in international relations and in the activities of international human rights bodies.

The aim of the work is to analyze the conducted sociological research aimed at identifying the peculiarities of understanding and perception of the concept of sustainable development and ESG-principles by representatives of small and medium-sized businesses (SMEs) of the city of Moscow, determining the degree of their readiness to take part in the implementation of the concept of sustainable development and ESG-principles within the framework of their activities, as well as the development of conceptual approaches to improving the legal regulation of the implementation of the concept of sustainable development and ESG principles in the activities of small and medium-sized businesses in the city of Moscow. A sociological study conducted by the author showed that the interviewed representatives of SMEs in the city of Moscow associate actions to implement the concept of sustainable development and ESG principles with government initiatives, while expressing their readiness to take part in such projects, provided that from the side of the state, municipal authorities support measures will be offered, for example, in the form of tax incentives. In addition, as a result of the study, it was concluded that it is expedient to develop the concept of the draft law of the city of Moscow «On measures to promote the implementation of the concept of sustainable development and ESG principles in the activities of small and medium-sized businesses in Moscow», and certain provisions of the concept of the draft law are formulated.